O'ROURKE v. PENNSYLVANIA R. CO.

No. 149, Docket 22213.

194 F.2d 612 (1952)

O'ROURKE v. PENNSYLVANIA R. CO.

United States Court of Appeals Second Circuit.

Decided February 26, 1952.


Attorney(s) appearing for the Case

Herbert Zelenko, New York City, Richard C. Machcinski, New York City, of counsel, for plaintiff-appellant.

Conboy, Hewitt, O'Brien & Boardman, New York City, A. Harold Frost, New York City, of counsel, for defendant.

Before AUGUSTUS N. HAND and CLARK, Circuit Judges, and BRENNAN, District Judge.


BRENNAN, Distict Judge.

Appeal from a judgment entered on an order of the district court granting a summary judgment dismissing plaintiff's complaint which sounds in negligence, and seeks to recover money damages on account of injuries received. The motion was made pursuant to Rules 12(b)(6), 56(b) and (d) of the Federal Rules of Civil Procedure, 28 U.S.C.A., and is based upon the pleadings, affidavits of attorneys, the deposition of appellant, and certain concessions...

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